Our EncroChat solicitors, with their deep expertise in EncroChat law, are well-equipped to handle the complexities of EncroChat cases, offering comprehensive legal guidance to those who have used an EncroChat phone and find themselves entangled in legal challenges.
Encrochat Solicitors and Encrochat Law
EncroChat cases are both legally and factually complex, often involving a number of defendants and multiple charges. Since the emergence of EncroChat cases, our experienced criminal team has successfully defended our clients in these types of matters, each of whom were facing substantial sentences had they been convicted.
During this time our encrochat solicitors have also built relationships with leading EncroChat counsel who have successfully raised complicated admissibility arguments regarding EncroChat evidence to achieve the best results for our clients.
If you find yourself exposed as a result of EncroChat it is important to seek advice from an experienced team immediately. Seeking advice on encrochat law early can make all the difference.
Each EncroChat case is unique, and our approach is tailored to the specific circumstances. Whether it’s challenging the admissibility of evidence, understanding the implications of international legal developments, or representing you in court, Eldwick Law is equipped to provide the highest standard of legal support.
As the legal landscape surrounding EncroChat evolves, so does our strategy.
Our team stays informed about the latest legal developments, including ongoing appeals and challenges in the UK and across Europe.
This enables us to offer proactive and informed legal advice.
What is EncroChat
EncroChat is a company that provides an encrypted communications platform that allows users anonymity when sending messages, making calls, and writing notes, without the risk of unauthorized access.
The platform is used through specially modified phones that run on the Encro software, providing a high level of encryption, and routing all data through a central server located in France.
EncroChat phones also have a ‘panic wipe’ function which allows for the phones to be wiped clean at the touch of a button, if an incorrect PIN is entered, or they can be wiped remotely.
Users of these devices include celebrities and high net-worth individuals following the News of the World phone hacking scandal and those involved in serious organised crime across the world.
Why is there a rise in EncroChat Cases
Between April 2020 and June 2020 the EncroChat system was infiltrated by law enforcement agencies in France and the Netherlands.
The system was infiltrated by a malware infection on the phones. As it was the phone itself that was targeted, government agencies were able to take the messages from the handsets.
This information has since been shared with law enforcement agencies across Europe including the National Crime Agency (NCA) under code name Operation Venetic, and the Metropolitan Police under Operation Eternal.
The NCA and Metropolitan Police obtained millions of text messages and images from the EncroChat network resulting in thousands of arrests and the seizure of millions of pounds in drugs and weapons.
Currently, the evidence obtained under these operations is being used to prosecute those involved with organised crime. It is also thought the NCA is sharing the intel with other government agencies including HMRC, so it is expected the scope of these investigations will widen over the coming months.
How EncroChat Cases Affected Proceedings
The breach of the EncroChat platform is being relied upon as key evidence by the prosecution in a full range of criminal proceedings across the country.
Initially, there was a question as to the admissibility of EncroChat evidence, however, this has since been ruled on by the court. In R v C [2020] the Court of Appeal found the Crown Court and section 78 of the Police and Criminal Evidence Act 1984 (PACE) was the correct procedural process to seek to exclude EncroChat evidence. The court went on further to confirm that the evidence was admissible in this case as none of the exclusions applied under section 78 of PACE as it was held the messages were recovered from the storage of the handset as opposed to intercepted.
More significantly in 2021, the Court of Appeal in R v A, B, D, and C [2021] EWCA Crim 128 ruled that EncroChat messages obtained in Operation Venetic were admissible in court. This means the Prosecution can rely upon the evidence it has obtained from EncroChat to support its case.
The admissibility of EncroChat evidence has had a huge impact on criminal proceedings as users of the platform were far more candid in their conversations, under the belief they could never be obtained by law enforcement. This has now provided a valuable source of information on the operations of organised crime and as evidence for criminal proceedings. Much of this evidence is becoming the most significant evidence in the Prosecution’s case and resulting in defendants entering guilty pleas or being convicted on trial.
Contact Our Encrochat Solicitors
At Eldwick Law, we prioritise your privacy and confidentiality.
We understand the sensitive nature of EncroChat prosecutions and offer a discreet, professional service to protect your interests.
For more information on how Eldwick Law can assist you with your EncroChat case, or to arrange a consultation, please contact our London office.